The Delhi government, led by the Aam Aadmi Party (AAP), has taken its battle against the Centre’s ordinance on control over services to the Supreme Court. The plea, filed by the AAP government, contends that the ordinance transfers control from an elected government to an “unelected” Lieutenant Governor, thereby undermining the democratic process. The petition further asserts that the ordinance is unconstitutional as it fails to amend Article 239AA of the Constitution.
The Central government’s ordinance, which came into effect on May 19, aimed to wrest control of the transfer and posting of Indian Administrative Service (IAS) and Delhi, Andaman and Nicobar Islands Civil Service (DANICS) officers in Delhi. This move followed a Supreme Court order that had granted the elected government control over the transfer of bureaucrats in Delhi, with exceptions for matters relating to police, public order, and land.
Prior to the Supreme Court’s May 11 verdict, the Lieutenant Governor had executive control over the transfer and postings of all Delhi government officers. The Centre’s ordinance was seen as an attempt to circumvent the Supreme Court’s ruling and regain control over bureaucratic appointments.
In response to the ordinance, the AAP government initiated efforts to garner support from leaders across the country in its fight against what it deems an encroachment on its authority. Chief Minister Arvind Kejriwal and Delhi Cabinet ministers announced their intention to burn copies of the ordinance at the AAP office in Delhi on July 3, symbolizing their protest against the Centre’s move.
AAP’s chief spokesperson, Saurabh Bhardwaj, stated, “On July 3, Delhi Chief Minister Arvind Kejriwal, cabinet ministers, and all the MLAs will burn copies of the black ordinance at the ITO party office. Then, on July 5, the copies of the ordinance will be burned across all 70 parliamentary constituencies. Between July 6 and July 13, the copies of the ordinance will be set on fire at every nook and corner of Delhi. The seven vice presidents will ensure that they are burned in every area of Delhi.”
The Delhi government’s legal challenge in the Supreme Court and their subsequent public demonstrations reflect the intensifying battle between the Centre and the AAP-led administration over control of services in the national capital. As the case unfolds, it raises important questions about the balance of power between elected governments and appointed representatives, setting the stage for a significant legal and political confrontation.